Unrrep States PATENT AND TRADEMARK OFFICE v Patent and Trademark Office 11650556, omar Denver. Lavh 16000 o0015D1 1298 MERCHANT & GOULD PC. - POLARITYTE, INC. —— P.0. BOX 2903 THA EVELYNY MINNEAPOLIS, MN 55402-0903, oman ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. ‘The me period for reply, iff any, is set in the attached communication, Notice of the Office communication was sent el following e-mail address(es): USPTO156597@MerchantGould.com jburdman@polarityte.com ‘ronically on above-indicated "Notification Date" to the PTOL-908 (Re 047)‘Application No. ‘Applicant(s) 15/650,658 Lough, Denver M. Office Action Summary Examiner AR Unit | AIA (FITF) Status E.Y PYLA 1651 Yes = The MAILING DATE of this communication appears on the cover sheet with the correspondence address — Period for Reply ASHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTHS FROM THE MAILING. DATE OF THIS COMMUNICATION. engoreol tre ay be avalos urder We novos of 37 CF 1.138 nner renee may aren Be year Sk (6) MONTHS for Ho malng FTNO pered'or ops apcitedasove, the maxsnum stattery pei wal appy and wl expe SX () MONTHS trom the waling date of his commaricaton. Faluro to rep wine et or extonaed perod for repy wil by sate, cave Ue applcabon to become ABANDONED (25.5 C6133) ‘ay eply esavedy te Otc ae nan twee monte ater Ihe mag deo fs earunesian, even mel ed, may redues Ary earned pert lem Shisirent Sow 7 FAI TOM) Status 1 Responsive to communication(s) filed on 2/20/2019, © A declaration(s)/attidavit(s) under 37 CFR 1.130(b) wasiwere filed on 2a)( This action is FINAL. 2b) @ This action is non-final 3)C0 An election was made by the applicant in response to a restriction requirement set forth during the interview on ; the restriction requirement and election have been incorporated into this action, 4)0. Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 0.G. 213. Disposition of Claims" 5) © Claim(s) 1,25,49-60,52,54-57,59-63 and 65-66 is/are pending in the application. a) Of the above claim(s) ___ is/are withdrawn from consideration 6) Q Claim(s)___is/are allowed. 7) @B Craimis) 3 and 65-86 isiare rejected 8) O Claim(s)___is/are objected to. 9) © Claims) are subject to restriction andior election requirement * itany claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a participating intllctual property office forthe corresponding application. For more information, please soe hitevimww.uspto.gow/patents/init_eventsiophiindex.jsp or send an inquiry to PPHfeedback@uspto.gov. Application Papers 10)C) The specification is objected to by the Examiner. 11)D The drawing(s) fled on ___ is/are: aj] accepted or b)C objected to by the Examiner. ‘Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 GFR 1.85(a) Replacement drawing sheet(s) including the correction is required if the drawing) is objected to. See 37 CFR 1.121(6). Priority under 35 U.S.C. § 119 42)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (0. Certified copies: a)CIAll —b)L) Some* —_c)C) None of the: 1.0 Certifed copies of the priority documents have been received 2.0 Certified copies of the priority documents have been received in Application No.__ 3.0) Copies of the certified copies of the priority documents have been received in this National Stage application from the International Bureau (PCT Rule 17.2(a)). “See the attached detalled Orfice action fora list ofthe certified coples not recelved. Attachment(s) 1) RZ Notice of References Cited (PTO-892), Interview Summary (PTO-413) Paper No(s} Mail Date 4) Dome: __ 2) fd Information Disclosure Statements} (PTO/SB\08a andior PTOISBI08b) Paper Nojs)Mail Date PTOL-825 (Rev. 1-18) Ottice Action Summary Partot Paper Nota Date 20100314Application/Control Number: 15/650,656 Page 2 Art Unit: 1651 DETAILED ACTION Claims 1, 25, 49, 50, 52, 54-57, 59-63, 65 and 66 are currently pending. Notice of Pre-AIA or AIA Status ‘The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement ‘The information disclosure statements (IDS) submitted on 10/31/2017, 10/2/2018 and 2/20/2019 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examin Specification The use of trademarks, such as Synth-a-Freeze®, Countess™, Nunc®, Upcell™ and Mr. Frosty ™, for example, has been noted in this application. Trademarks should be indicated by capitalized lettering, ie. COUNTESS™, wherever they appear and be accompanied by the generic terminology. Although the use of trademarks is permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity lemarks. Claim Interpretation